# In the matter of Aircel Ltd. MA 1075-2018 in CP (IB)-298-(MB)-2018

> NCLT judgment dated 2018-10-16. Citation: TCN-2018-NCLT-00555. The case involves a Miscellaneous Application submitted by the Aircel Employees'…

- **Court:** NCLT
- **Order date:** 16 Oct 2018
- **Citation:** TCN-2018-NCLT-00555
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aircel-ltd-ma-1075-2018-in-cp-ib-298-mb-2018-3e2edae0

## Summary

### Background

The case involves a Miscellaneous Application submitted by the Aircel Employees' Representatives (AER) concerning the insolvency proceedings of Aircel Limited. The employees sought the tribunal's intervention to direct the Committee of Creditors and the Resolution Professional to maintain transparency in the insolvency proceedings and to ensure that Aircel remains a 'going concern' so that employee dues could be disbursed. The application highlights concerns about the lack of communication from the Resolution Professional regarding outstanding employee dues of approximately 125 Crores and alleges that the promoters did not take appropriate steps to protect the interests of customers and employees. Aircel had integrated with Airtel and BSNL for inter-circle roaming and

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## Facts

Aircel Employees' Representatives (AER) filed a Miscellaneous Application concerning the insolvency proceedings of Aircel Limited. The employees sought transparency in the CIRP and wanted Aircel to remain a 'going concern' to ensure disbursement of employee dues. The application highlighted that approximately 125 Crores were outstanding to the employees, and there was a lack of communication from the Resolution Professional. Aircel, a telecom service provider, had integrated with Airtel and BSNL for inter-circle roaming, allowing customers to port out. On 28.02.2018, Aircel filed an application under Section 10 of the Insolvency and Bankruptcy Code to declare itself insolvent, and CIRP commenced on 12.03.2018. The employees expressed concerns about the lack of funds

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## Issues and analysis

### Issue 1: Whether the Committee of Creditors and the Resolution Professional should be directed to maintain …

**Ratio:** The principle of transparency in insolvency proceedings is crucial to protect the

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**Reasoning:** The court recognized the employees' concerns about the lack of communication and

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**Interpretation:** The interpretation of the Insolvency and Bankruptcy Code emphasizes the

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**Application:** The court directed the Resolution Professional to take necessary steps to

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Aircel Employees'…
- **Respondents:** Aircel Li…

## Timeline

- **2017-07-01 — Aircel's R…**: Aircel had a monthly revenue…
- **2018-02-01 — Integration with Airtel…**: Aircel integrated with Airtel and BSNL by offering network services through Inter-Circle…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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